Jennifer Weaver is a skilled litigator and fierce advocate for healthcare providers facing government investigations, multimillion dollar Medicare audits, and high-stakes litigation across the country. She co-chairs Waller’s Healthcare Industry Team.
When confronted by the vast resources and power of the government, clients value Jennifer's experience and tireless determination. She has built an impressive track record defending clients in False Claims Act (FCA) matters across the United States, including cases where the government has intervened. Jennifer has been equally successful appealing costly and potentially crippling Medicare audits conducted by Unified Program Integrity Contractors (UPICs). She has successfully reduced multimillion dollar overpayments to four or five figure overpayments through the Medicare appeals process, and convinced CMS to lift potentially devastating Medicare payment suspensions on behalf of providers.
In addition to her experience in government enforcement actions, healthcare providers rely on Jennifer's successful track record in complex business disputes. She has secured landmark defense verdicts in trials and pre-trial dismissals on behalf of healthcare providers in state and federal courts across the country.
Related Experience
False Claims Act (FCA) Defense
- Won summary judgment on behalf of national pharmacy benefits manager in Texas federal court (affirmed by Fifth Circuit), resulting in a landmark defense ruling on the issue of falsity in one of the largest FCA cases in the country
- Secured dismissal of FCA case against lab company based on failure to plead specific false claims, affirmed by Sixth Circuit only one year after case was first unsealed
- Secured voluntary dismissal of FCA case against rural hospital in Texas in exchange for agreement not to seek attorneys' fees against physician whistleblower
- Won summary judgment on all counts on behalf of behavioral healthcare company, resulting in complete dismissal of FCA case in Arkansas federal court
- Secured dismissal of FCA case against behavioral healthcare company in California federal court and obtained attorneys’ fees award against whistleblower
- Represented national home health company in FCA case in Tennessee federal court; won motion to dismiss at the pleading stage, before any discovery commenced
- Defended a leading medical device manufacturer in FCA case in Tennessee federal court, in which the United States intervened; helped negotiate favorable settlement with the government
- Represented the largest retina practice in Tennessee in FCA investigation by the Department of Justice; successfully negotiated a settlement of $200,000, far below the multimillion dollar demand the government made at the beginning of the investigation and convinced the government not to require a Corporate Integrity Agreement (CIA) and not to issue a press release, both of which are otherwise routine in FCA cases
- Represented national chain of infusion centers in FCA investigation in Missouri; secured favorable settlement with the government for a fraction of single damages and without imposition of a CIA
- Represented nationwide physical therapy provider in FCA investigation in Minnesota; negotiated favorable settlement with the government and without imposition of a CIA
- Represented non-profit nursing home in FCA investigation in Tennessee; secured favorable settlement with the U.S. Department of Justice based on single damages and without imposition of a CIA
- Represented specialty pharmacy in FCA investigation in Tennessee; convinced U.S. Department of Justice to forego criminal proceedings against owner and negotiated favorable civil settlement on behalf of the company
- Represented national behavioral healthcare provider in FCA investigation in West Virginia and negotiated favorable civil settlement on behalf of the company
- Represented ophthalmology practice in FCA investigation in Tennessee involving dilution of injections; case resulted in conviction of rogue physician without any civil or criminal charges being filed against the practice
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Medicare Audits and Appeals
- Successfully overturned $27 million overpayment against multistate physician practice resulting from UPIC audit, reduced to $6900 through Medicare appeals process
- Successfully overturned $16 million overpayment against national home health company resulting from UPIC audit, reduced to $20,000 through Medicare appeals process
- Defended Texas-based home health company in UPIC audit finding 100% error rate on Medicaid claims for personal care services, successfully appealed to Texas OIG who concluded error rate was actually 0%
- Successfully challenged OIG audit of national home health provider, reducing $8.8 million overpayment to $7,800 through the Medicare appeals process
- Won multiple Medicare appeals on behalf of nationwide skin cancer service provider and affiliated dermatology practices, convincing CMS that cutting edge treatment not experimental or investigational
- Convinced CMS to remove a Medicare payment suspension against a Florida subsidiary of a national home health company less than a month after it was imposed, successfully overturned related $250,000 overpayment through Medicare appeals process
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Healthcare Business Disputes
- Won a complete defense verdict at trial in California state court on behalf of an ambulatory surgery center company, defeating first-ever attempt to apply California's anti-forfeiture statute to an LLC buyout provision
- Defended ambulatory surgery center company in multimillion dollar lawsuit filed by a disgruntled minority shareholder in California state court, alleging breach of fiduciary duty and unfair competition after board voted to terminate his interest in the LLC; won summary judgment on all counts in one of the strongest decisions protecting board decisions under California's business judgment rule, as well as an award of attorneys' fees
- Won summary judgment on all counts in Tennessee federal court on behalf of healthcare clinical services company in case arising from failed acquisition, alleging breach of NDA, misappropriation of trade secrets and tortious interference with contract; affirmed by Sixth Circuit
- Secured dismissal of lawsuit filed by three physician investors in Pennsylvania state court on behalf of ambulatory surgery center company that expelled physician investors from partnership for violating their non-competes
- Secured dismissal of lawsuit filed against Tennessee hospital by physician alleging wrongful revocation of staff privileges and unlawful reporting to National Practitioner Databank
- Secured summary judgment victory on all counts in a nationwide ERISA class action against pharmacy benefits manager alleging that pharmacy benefit management is a fiduciary function
- Obtained dismissal of two cases through motions to dismiss, before class certification or discovery phases commenced, in Tennessee statewide class action cases against pharmacy benefits manager involving copayments for mail order prescriptions
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